CAP. 152
Matrimonial Causes
[Rev. 2012]
(4) Save with the consent of all parties or by leave of the Judge, no cause shall
be placed in the list for hearing until after the expiration of ten days from the date
of setting down.
31. Right of respondent or co-respondent be heard without filling answer
After entering an appearance, a respondent or co-respondent may, without filing
an answer, be heard in respect of any question as to costs or damages, and a
respondent spouse may, without filing an answer, be heard as to any question of
custody of or access to any children the marriage of whose parents is the subject
of the proceedings:
Provided that—
(i) without leave, a co-respondent or party cited in an answer shall not
be heard in respect of any question as to damages unless he has
entered an appearance before the registrar has given his certificate
under rule 29 of these Rules;
(ii) no allegation shall be made against a party claiming costs or damages
unless the party making the allegation has filed an answer.
32. Form of decree
(1) The registrar shall draw and sign every decree of the court.
(2) Where in any case there has been a finding of adultery against one of the
parties to the cause, but the judge has refused to exercise his discretion under
subsection (2) of section 10 of the Act, that finding and the refusal shall be set
out in the decree, and where in such a case the judge exercises his discretion the
decree shall state that it is made in the exercise of the discretion conferred on the
court by the said section.
(3) A sealed or other copy of any decree of the court may be issued to any
person requiring it on payment of the prescribed fee.
PART VI – MISCELLANEOUS
33. Interventions by President’ Proctor
(a) When the President’s Proctor desires to show cause against making
absolute a decree nisi, he shall enter an appearance in the cause in
which such decree has been pronounced, and shall within fourteen
days thereafter file his plea setting forth the grounds upon which he
desires to show cause, and within eight days of filing his plea shall
deliver a copy thereof to the person in whose favour such decree has
been pronounced or to his advocate.
(b) Where such plea alleges a petitioner’s adultery with any named
person, the President’s Proctor shall, unless otherwise directed, serve
each such person with a copy of his plea omitting such part thereof as
contains any allegation in which the person so served is not named.
(c) Such copy shall be endorsed with a notice in accordance with Form
11 in the Appendix so far as the same is applicable.
(d) Service shall be effected and proof of service shall be given in the
manner provided for by rules 8, 9 and 10 of these Rules in the case
of a copy of a petition served on a co-respondent.
[Issue 1]
M9 - 32
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